Residental Terms & Conditions

Broadband Terms and Conditions

Between:

1310 Limited, a company incorporated in England with company registration number 11595588 and whose registered office is at Second Floor, Chester House, Farnborough Aerospace Centre, GU14 6TQb (“We”, “Us”, “Our”); and

You, Our Customer, whose name and address details are on the Order (“You’, Your).

Terms and Conditions:

Please read these terms and conditions carefully as they apply to Your use of the Service.  These terms and conditions confirm who We are, how We will provide the Service to You, how You and We may change or end these terms and conditions and further, if there is a problem, how to get in touch with Us.  Use of the Service is subject to the Acceptable Use Policy and Privacy Policy which are located on Our website: 1310.io

In these terms and conditions, You will see some words that begin with capital letters, these particular words mean the following:

“Acceptable Use Policy” means our acceptable use policy that You must comply with when You use the Service and which is found at 1310.io/acceptable-usage-policy;

“Cancellation Charges” means the charges that You have to pay to Us if You terminate the Contract before the Minimum Period expires, such charges are more detailed in clause 9.3;

“Charges” means the Installation Fee, the Rental Fee, Cancellation Charges and any other charges set out in the Price List which may apply to the Service We provide to You;

“Contract” means this contract between You and Us, including these terms and conditions, the Order, the Order Confirmation and all other documentation referred to in this contract;

“Equipment” means any equipment that We provide to You which We provide in order for You to be able to use the Service, such equipment is always Our property; the demarcation of the Equipment starts from the boundary of the Property, across any of Your private land and into the Property up to and including the Router,;

“Installation Fee” is the fee that You must pay Us for installing the Service and which is stated on Our Order Confirmation;

“Installation Guide” means the document which explains how We intend to install the Equipment and Service and which can be found at 1310.io/installation;

“Minimum Period’ means the period for which You have agreed to take the Service which is usually twelve (12) months from the Services Start Date unless the Order confirms something different;

“Order” means the order form that You complete requesting Us to provide the particular Service You require;

“Order Confirmation” means the email that We send to You which confirms that We accept Your Order and will, provided You comply with these terms and conditions, provide to You;

“Price List” is the document found at 1310.io/repairs-and-replacements which contains the Charges;

“Property” means Your residential address which You have confirmed on the Order to which You wish Us to provide the Service including any private land in and around the Property which forms part of the Property’s title;

“Rental Fee” means the monthly rental fee that You pay during the Minimum Period and any time thereafter for the ability to use the Service and which is stated on Our Order Confirmation;

“Router’ means the equipment that We provide to You in order for You to be able to use the Service;

“Service” means the service You order from Us on the Order and which We provide to You;

“Service Start Date” means the date on which we activate the Service which means that You can start using such Services.

Confirmation that You are not a business:

You confirm that You are not a business and are not intending to use the Service for business purposes whatsoever.

1. The Contract

1.1  Customers order the Service through Our website. We can only accept Orders for areas where our Service is available or is about to be available.

1.2  Our acceptance of Your Order will take place when we email your Order Confirmation at which point a Contract will come into existence between You and Us.

1.3  Your Order Confirmation contains all the details of the Service you have ordered which We agree to supply to You, how long the Minimum Period of the Contract is and the Charges payable by You.

1.4  The length of the Minimum Period is shown on your Order Confirmation, starting from the Service Start Date. You must keep and pay for the Service for the whole of the agreed Minimum Period unless You or We are permitted in this Contract to terminate it earlier.  

1.5  You have the right to cancel Your Order by contacting Our customer service team on help@1310.io within 14 days from the day after the day on which you receive your Order Confirmation. You must put your request in writing. 

1.6  If We have already started to provide the Service then You will be responsible to pay Us the costs We have incurred in preparing to and undertaking the works involved to provide the Service up until the point You notify Us of the  termination, including the Cancellation Charges (if applicable). If You cancel the Contract within the cooling-off period and We’ve provided you with a Router, the Contract won’t end until you’ve returned the Router to Us.  The following will also apply:

a) You must return the Router which you have been provided within 14 days of terminating your order using the pre-paid packaging We provide to You. You will be responsible for the costs of returning the Router;

b) If You don’t return the Router within 14 days, We will charge You for any non-returned Router, the cost of which is set out in the Price List;

c) You must keep the Router that We have provided to you safe until it is returned. You may have to pay for any loss in value as a result any damage You cause.

2. Installation

2.1  We will agree with You a date for installation or delivery of the Router and/or Equipment or activation of the Service.  We will try and keep to this date, but We may have to change the installation, delivery or activation date. We will agree with You any such changes as soon as We can and let You know of the next available date.

2.2 You agree that You or a person authorised by You (who is 18 or over) will be present when We install the Equipment and the Service at Your address.  Unless a bespoke installation applies as in clause 2.4, We will try Our best to install the Equipment and the Service in accordance with the Installation Guide.

2.3 If You do not allow the installation team to access the Property as arranged (and You do not have a good reason for this) the installation may be cancelled by Us and You must pay Us the costs that We have incurred in preparing to and undertaking the works involved to provide the Service up until the point of cancellation.

2.4  There are bespoke projects which have specific requirements because of the length of the access route, drives or surfaces which require special techniques to dig and re-instate. Non-standard installations are outside the scope of Our free installation service and will require a separate on-site visit by an installation technician who will prepare a written estimate of the installation cost. We will discuss the installation cost with You before the installation commences.   If You agree to go ahead with the installation, the installation charges will be confirmed to You in writing and once the network is installed then the Service can be delivered to you according to your Order. The agreed installation charge will be taken as part of Your first monthly payment.

2.5 For health and safety purposes Our installation technician will carry out a risk assessment before installing the Service.  If the technician decides that it is not possible to carry out the installation safely, or if there is no one over the age of 18 present at the Property, You will be informed and given the opportunity to make alternative arrangements.

2.6 The installation technician will do everything possible to achieve the installation at the arranged time, but if it is not possible to continue with the installation because of safety issues, the complexity or the materials required, the technician will inform Us and will ask You to confirm your acceptance that a further appointment will be required. We may charge you reasonable costs incurred by Us as a result if the reason for the installation not going ahead is due to Your actions. If we are unable to contact You or re-arrange access to your address we may end the Contract.

2.7  By ordering and requesting installation of our Service, you agree that the Equipment placed on the Property  with Your permission will remain irrespective of whether You or anyone who purchases the Property takes Services from Us. You should ensure that any future purchaser of the Property is made aware that the Property is connected to our network and Equipment.

3. Activation

3.1 Once You have received the Order Confirmation, a live direct debit mandate is in place and the Service is installed (if applicable) We will activate the Service. As soon as We have activated the Service, ( ‘Service Start Date’) You may be charged a one-off Installation Fee, and Our monthly charges will start to apply, as shown on the Order Confirmation. This is also when the Minimum Period starts.

3.2 If the Service had previously been installed at the Property prior to You placing an Order for Service, We will provide you with the necessary Router to use the Service together with set-up instructions and details of how We will activate the Service. As soon as We have activated the Service, (‘Service Start Date’) You may be charged a one-off Installation Fee, and Our monthly Rental Fee will start to apply, as shown on the Order Confirmation. This is also when the Minimum Period starts.

3.3  If You cancel the Service for any reason before the Service Start Date then You must pay Us the costs we have incurred in preparing to and undertaking the works involved to provide the Service up until the point of cancellation.

4. Charges

4.1  The amount You pay for the Service depends on the Service You have ordered and is shown as a monthly Rental Fee, including VAT on the Order Confirmation, payable in advance. Payments must be made by direct debit. Your first payment will include the Installation Fee (if any), the Rental Fee and, where applicable, charges for non-standard installations.  Any other relevant Charges are set out in the Price List and the may or may not be applicable to the Service.  We will always tell you in advance before you incur any Charges (other than the Installation Fee and the Rental Fee).

4.2  You agree that You continue to receive and pay for the Service for the Minimum Period which is measured from the Service Start Date (for new orders) or from the date of the Order Confirmation (for changes and upgrades). The Minimum Period which applies to the Order is shown on the Order Confirmation. If you end the contract during the Minimum Period, you may have to pay Cancellation Charges as detailed in clause 9.

4.3  Other than in accordance with clause 4.4 below, the Charges for the Service will not change during the Minimum Period. The Service will continue after the Minimum Period, unless You choose to end the Contract, but changes in the Charges may apply after the Minimum Period.  If We do increase the Charges after the Minimum Period, We will give you 30 days’ notice and You may end the Contract if You do not accept such increase in Charges in accordance with clause 9.2 a) below.

4.4  We may increase the Charges on or after each twelve (12) month period from the Services Start Date  in accordance with the annual percentage increase (if any) in the general index of retail prices which is compiled and published by the Office for National Statistics and which is found at  https://www.ons.gov.uk/economy/inflationandpriceindices.  We may review the Charges at any time but any changes will not apply to contracts which are still within the Minimum Period. If our Charges are to change, We will give you at least one month’s notice and You will be entitled to contact us to terminate the Contract in the event that You do not agree to accept the change in the Charges (see clause 9 below).

4.5  If You decide to change or upgrade your Service, We will tell you what Your new monthly Charges will be and ask You to confirm that you accept those new Charges.  A new Minimum Period will apply to the new Service and will commence when We confirm Your new Order.

4.6  If the rate of VAT changes between the date you placed the Order for Service and the Service Start Date, or during the time We are supplying Services to You, We will adjust the rate of VAT that You pay and show this on the invoice.

4.7 We are not responsible or liable for any 3rd party charges from other organisations (such as telephone or content providers) which You may incur while using the Service.

4.8  If You do not pay us for the Service when You should do and You still do not make payment within 7 days of Us reminding You that payment is due, We may suspend supply of the Service until You have paid us the outstanding amounts. We will contact You to tell You we are suspending supply of the Services. We may make charge to reflect Our costs in connection with suspending and recommencing the Service again.  You must pay this charge before We will recommence the Service.  You may also be liable for all Charges during the period of suspension. We will not suspend the Services where you genuinely dispute the unpaid invoice.

4.9  If You do not make any payment to Us by the due date, We may charge interest on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount. You will also be responsible for paying all reasonable costs of debt recovery proceedings We incur to recover any debt You owe under the Contract, including fees charged by any debt collection agency We use.

4.10  If You think an invoice is inaccurate please contact Us immediately to let Us know and We will not charge interest until We have resolved the issue. Once the dispute is resolved and You do not pay the invoice within 30 days, We will charge interest on the correctly invoiced sums from the original due.

5. Using our Service

​​​​​​​5.1 You must comply with Our Acceptable Use Policy which is on Our website.  

5.2. You may only use the Service for lawful purposes. You agree that We may monitor Your use of the Service including data volume and type of traffic (whether authorised by statute or other legislation or otherwise) to ensure lawful use and to assist our traffic management. If You use the Service improperly, negligently or in a way which interferes with other customers’ use of the Service, We may exercise our right to suspend Your use of our Service or terminate the Contract.  We may immediately remove any content placed on Our servers by You or other users which breaches this Contract or is otherwise harmful to Our interests or the interests of Our other customers.

​​​​​​​5.3  You are responsible for all use of the Service, whether You gave your permission to others to use it or not. 

6. Suspending the Service

6.1  We may have to suspend the supply of the Service to:

a) repair technical problems or make minor technical changes;
b) update the Service to reflect changes in relevant laws and regulatory requirements;
c) make changes to the Service as requested by You or notified by us to You;

​​​​​​​​​​​​​​6.2 We will do Our best to ensure that necessary maintenance and support work is carried out overnight and We will do our best to give You reasonable warning by email prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency. If the suspension lasts for more than 3 working days, We will adjust the price so that You do not pay for Services for any period of suspension beyond 3 working days. Any adjustment will appear as a credit on Your next invoice.

6.3  We may have to suspend the supply of the Service

a) if You do not pay on time in accordance with clause 4.8;

b) if You misuse the Service or do not comply with our Acceptable Use Policy;

c) if You break the Contract, or any laws which apply to the use of the Service;

d) if You or anyone You authorise to deal with Us on your behalf acts in a way towards our staff or contractors which We reasonably consider to be inappropriate;

e) if We have reason to believe that You have provided Us with false, inaccurate, misleading information for the purpose of obtaining the Service at any time;

f) if We believe that You or another person at Your home has or may be committing any fraud against Us by using the Service.

​​​​​​​6.4 ​​​​​​​If We suspend the Service in accordance with clause 6.3, We may charge You for reconnecting the Service at the end of the period of suspension.

7. Our Obligations

7.1  We do not restrict or exclude liability to You for:

a) death or personal injury resulting from Our own (or our agents' or contractors') negligent act or failure to act; or

b) fraud; or

c) any legal rights and remedies available to you as a consumer in relation to the Service. None of these rights and remedies are affected by this Contract. For information on these rights and remedies please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

7.2. Except as set out in clause 7.1, We are not liable to You for:

a) any loss or damage which is not a reasonably foreseeable consequence of Our negligence or breach of this Contract.  Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen (for example, if you and we discussed it); or

b) any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.

7.3. Except as set out in clause 7.1, Our liability to You is limited to:

a) for direct physical damage to the Property a maximum of £10,000 for any one event or series of connected events; and

b) except for direct physical damage to Your property, a maximum of £10,000 for any one event or series of connected events.

 7.4. When We carry out any obligation under this Contract the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.

7.5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the Router or Service unless We are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the Router or Service.

7.6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:

a) incompatibility with Our network; or

b) power or network outages that are not Our fault; or

c) any other matters beyond Our reasonable control or not due to Our fault.

7.7  We have no control over the data which passes to You or from You over the internet, and We are not responsible for any loss or damage to that data. 

7.7. You are liable to Us for all our costs and replacement costs if you damage any of our Router or Equipment, such costs are set out in the Price List. 

8. Changes to our contract

​​​​​​​8.1  If You wish to make a change to the Service which You have ordered, please contact Us. We will let You know if the change is possible. If it is possible We will let you know about any changes to the Charges, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, you may want to end the contract.

8.2  We may change the Service:

a) to reflect changes in relevant laws and regulatory requirements and
b) to implement minor technical adjustments and improvements, for example to address a security threat.

In the unlikely event that these changes have an impact on Your use of our Service You should contact us for an explanation of the reason for the change and to discuss the impact.

​​​​​​​8.3  In addition, We may make changes to our Charges or other aspects of the Contract but if We do so We will notify You and yYu may then contact Us to end the Contract before the changes take effect.

9. Your rights to terminate the Contract

​​​​​​​9.1  Your rights when You terminate the Contract will depend on how the Service is performing and when You decide to terminate the Contract – the consequences in each situation are explained below in clauses 9.2 – 9.4. Clause 10 explains what You need to do to terminate the Contract.

9.2 . If You are terminating a Contract for a reason set out in sub-clauses (a) to (d) below the Contract will terminate and We will refund you in full for any Services which have been paid for but have not been provided (if applicable). The reasons are:

a) We have told you about an upcoming change to the Service or these terms which you do not agree to (including a change to our Charges) and You have given Us notice to terminate the Contract;

b) We have made an error in the Charges or description of the Service You have ordered and You do not wish to proceed;

c) We have suspended supply of the Services for technical reasons, or notify You we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or

d) You have a legal right to terminate the Contract because We have broken it.

​​​​​​​9.3  If you terminate the Contract during the Minimum Period (other than where You have a right to terminate it as above in clause 9.2), then we may charge You any outstanding Charges due to be paid, a Cancellation Charge up to the amount of the remaining charges for the Minimum Period and the cost of any non-returned Router. If You give us 30 days’ notice to terminate the Contract at the end of the Minimum Period and return the Router provided to You to use the Service, then no Cancellation Charges or non-return of Router charges will apply.

​​​​​​​9.4  We may charge this amount directly to your next invoice. By entering into this Contract, You are authorising us to do this. We will give you reasonable notice in writing before applying these Charges.

​​​​​​​​​​​​​​9.5  If You want to terminate the Contract after the Minimum Period, if We are not at fault and none of the reasons listed in clauses 9.2 apply, you must give us 1 month’s  notice. The Contract will not end until 1 calendar after the day on which you contact Us. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Service until 3 March. We will only charge you for supplying the Service up to 3 March and will refund any sums you have paid in advance for the supply of the Service after 3 March. All Router provided for the Service is to be returned as described in clause 12.

10. How to terminate the Contract

​​​​​​​10.1  To terminate the contract, or if you are ending the Contract because you have changed your mind within the initial 14 days’ cooling off period please contact Us in writing at help@1310.io or 1310 Limited, Second Floor, Chester House, Farnborough Aerospace Centre, GU14 6TQ

​​​​​​​10.2  If We owe You any refunds, We will pay them to You as soon as possible by the method You used for payment. If You are exercising your right to cancel within the cooling off period then any refund due (less any deductions due to us) will be made within 14 days of Your telling Us You have changed Your mind.​​​​​​​

11. Our rights to end the contract

11.1  We may terminate the Contract at any time by writing to You if:

a) You do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding You that payment is due;

b) you use our network in breach of Our Acceptable Use Policy or do any of the things described in clause 5;

c) You or anyone You authorise to deal with Us on your behalf act in an unreasonable manner or in a way towards our staff or agents which We reasonably consider to be inappropriate and sufficiently serious to justify terminating the Contract;

d) We reasonably believe that You are using the Service for business purposes and not for personal purposes.

 11.2  If We have to end the Contract during the Minimum Period because You have broken it or for any reasons set out in clause 11.1, We are entitled to charge you for the remainder of the Minimum Period and for the costs of any non-returned Router.

12. Return of Router

12.1 When this Contract ends for any reason, or You cancel your Order within the cooling off period, You must return to Us in the manner We request any relevant Router We supplied to You to connect to the Services within 14 days of the end of the Contract.

12.2 You are responsible for the costs of returning any Router We have provided and for ensuring that the Router reaches us in good working order and is not damaged. If You don’t return the Router within 14 days, We will charge You the full replacement value and/or a non-returned Router cost which is set out in the Price List.

12.3 We will test any returned Router and if any are damaged other than through fair wear and tear, We will charge you the full replacement value and may recover those charges from You. 

12.4 All Routers and Equipment will remain Our property at all times.

13. Moving Property

13.1 If You are moving to an address that we cannot provide the Service to during the Minimum Period then You will not have to pay any Cancellation Charges, subject to You providing proof of your home move and completion of our Moving House Form. will be required to return any Router we have provided for You to connect to the Services as described in clause 12.  Even though Cancellation Charges may not apply, You still may have to pay Our administration costs which are set out in the Price List.

13.2 If You move to an address where We can provide Service to during the Minimum Period then you will not pay any Cancellation Charges providing You agree to a new Minimum Period for the Service at Your new address and the new Order for Service is not cancelled within the cooling off period.  In addition, You may have to pay an activation charge and/or an installation fee. If you decide that You do not wish to continue with the Services at Your new address and You are within Your Minimum Period then Cancellation Charges may apply up to the amount of the remaining charges for the Minimum  Period. You must also return any Router We have provided for You to connect to the Service as described in clause 12.

14. Privacy & Data Protection

​​​​​​​14.1  We will use the personal information you provide to us in accordance with our privacy policy which is available for you to read at 1310.io/privacy-policy.

14.2 We may monitor and record phone conversations which you have with us to help us with our training and compliance.

15. Other important terms

​​​​​​​15.1  This Contract is personal to You and You may not transfer Your account or any of your rights and responsibilities under this Contract without Our written agreement.  For business reasons We may transfer any of Our rights and responsibilities under this Contract without Your permission as long as We ensure that the transfer will not affect Your rights under this Contract in a negative way.

​​​​​​​15.2 . Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

​​​​​​​15.5  If we do not insist immediately that You do anything You are required to do under this Contract, or if we delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

15.6 We will not be liable for failing to do what is promised under this Contract if it is prevented from doing so by matters beyond Our reasonable control.

15.7  Any notices We give to You must be in writing and be delivered by hand, ordinary post to You at the Property or sent electronically.  Any notices you give to Us should be given in line with the directions set out on Our website.  Any notice period will start from the day on which the notice is delivered if it is delivered by hand, 2 working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent electronically.

​​​​​​​15.8  These terms are governed by English law and you can bring legal proceedings in respect of the services in the English/Welsh courts.

​​​​​​​15.7  If you are unhappy with our Service, we will do our best to put things right – please see Our customer dispute resolution procedure at  for more information about how we handle complaints and the Ombudsman service available. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution or ISPA

16.  Agreement to these terms and conditions

If You agree to the terms and conditions then We require You to tick the applicable box on the Order.  We shall save a copy of these terms and conditions and Your agreement to them for as long as We need them to provide the Service and for a period after that